- 1 - NC: 2025:KHC-D:728 WP No. 100282 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.100282 OF 2025 (GM-RES) BETWEEN: SMT. SREENEEN A. MUNA VALLI W/O. BANDENAWAZ, AGED: 35 YEARS, R/AT: DASTIKOPPA, KALGATTAGI TALUK, DHARWAD DISTRICT – 581 204. …PETITIONER (BY SRI H. N. GULARADDI, ADVOCATE) AND: 1. STATE OF KARNATAKA, R/BY ITS SECRETARIAT, DEPARTMENT OF HOME, VIDHANA SOUDHA, BANGALORE 560001. 2. THE LIFE CONVICTS PREMATURE RELEASE COMMITTEE, HOME DEPARTMENT, VIDHA SOUDHA, BANGALORE 560 001, R/BY ITS CHAIRMAN. 3. THE DIRECTOR GENERAL OF POLICE, PRISONS AND CORRECTINAL SERVICE, NO.9 SHESHADRI ROAD, GANDHI NAGAR, BANGALORE – 560 009. 4. THE CHIEF SUPERINTENDENT, Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka - 2 - NC: 2025:KHC-D:728 WP No. 100282 of 2025 CENTRAL PRISON, DHARWAD – 580 008. …RESPONDENTS (BY SRI SHARAD V. MAGADUM, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS TO THE RESPONDENTS TO BE PLEASED TO ACT IN STRICT COMPLIANCE OF THE NOTIFICATION BEARING NO.HD 119 PRA 2018, BENGALURU, DATED 21.04.2020 ISSUED BY RESP.NO.1 PRODUCED AS ANNEXURE-A AND BE FURTHER PLEASED TO DIRECT THE PREMATURE RELEASE OF THE CONVICT PRISONER NO.4433 NAMELY SRI BANDANAVAZ S/O. MAHIBOOBSAB JAMADAR IN TERMS OF THE ANNEXURE-A. ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS TO THE RESPONDENT NO.4 TO RELEASE THE PRISONER NO.4433 NAMELY SRI BANDANAVAZ S/O MAHIBOOBSAB JAMADAR ON PAROLE TILL THE DECISION OF THE GOVERNMENT FOR PREMATURE RELEASE, IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) The petitioner is before this Court seeking the release of her husband on parole till the date on which his recommendation for premature release could meet its consideration by the competent authority. - 3 - NC: 2025:KHC-D:728 WP No. 100282 of 2025 2. Heard Sri H.N. Gularaddi, learned counsel for petitioner and Sri Sharad V. Magadum, learned AGA for respondent. 3. The petitioner’s husband gets embroiled in a crime for the offence punishable under Section 302 of the IPC and is tried by the Court of Session in S.C. No.206/2005. The petitioner’s husband gets convicted and is in prison from 14.06.2005 and as on today, has completed more than 16 years of imprisonment. 4. The case of the petitioner’s husband was placed before the Committee for recommending premature release of life convicts. The Committee appears to have recommended the premature release of the petitioner’s husband owing to his conduct and behaviour in the prison. The State is yet to consider or pass any order of release of the petitioner’s husband on such recommendation. Therefore, the petitioner is before this Court seeking her husband's release on grant of parole. - 4 - NC: 2025:KHC-D:728 WP No. 100282 of 2025 5. Learned counsel submits that in identical circumstance, this Court, had passed the following order: i) Writ Petition is disposed. (ii) A mandamus issues to the 1st respondent-State to direct the Committee to meet on or before 10th April, 2023 and consider the case of the petitioner and the like, whose cases are placed before it, for consideration of their cases for remission/premature release. (iii) It is made clear that the State Government shall henceforth, direct the 2nd respondent/Committee to meet once in two months, in the light of the directions issued by the Apex Court in the cases referred to in the course of the order. iv) The directions shall be adhered to from the 1st of April, 2023. (v) The petitioner shall be considered for his release on general parole, in accordance with law, till the committee meets and considers his application for his premature release. (vi) The Registry is directed to communicate the order to the Additional Chief Secretary, Department of Home Affairs, Government of Karnataka, Bengaluru for its compliance. 6. The aforesaid order was passed on a peculiar circumstance and directed by petitioner therein would be entitled to parole till the Committee would take a decision on his premature release. Though the said order would become applicable to the facts of the case at hand as well, - 5 - NC: 2025:KHC-D:728 WP No. 100282 of 2025 I deem it appropriate to grant parole to the petitioner’s husband for a period of 60 days to become operational from 20.01.2025 and reserving liberty to the petitioner to seek to seek its extension owing to his conduct when he is outside the prison. 7. For the aforesaid reasons, the following: ORDER (1) Writ Petition is disposed. (2) Mandamus issues to respondent No.2 to consider the representation of the petitioner and release the detenue/Bandanavaz S/o Mahiboobsab Jamadar, (CTP No.4433) on general parole for a period of 60 days to become operational from 20.01.2025 subject to the following conditions: (i) The convict (CTP No.4433) shall mark his attendance in the jurisdictional police station, weekly once throughout the period of his parole and it would be the responsibility of the jurisdictional police to take him to gaol, in the event, the convict (CTP No. 4433) would evade going back to the gaol, after the expiry of the period of general parole. - 6 - NC: 2025:KHC-D:728 WP No. 100282 of 2025 (ii) Respondent No.1 shall stipulate strict conditions as are usually stipulated, to ensure return of the detenue to the gaol and that he shall not commit any other offence during the period of parole. (3) The petitioner is at liberty to seek extension of parole, which shall be considered looking at the conduct of the husband of the petitioner – convict while he is out on parole. (4) The Registry is directed to communicate the order to the Additional Chief Secretary, Department of Home Affairs, Government of Karnataka, Bengaluru for its compliance. Ordered accordingly. SD/- (M.NAGAPRASANNA) JUDGE NAA/CT-ASC List No.: 1 Sl No.: 25